By: Shapiro S.B. No. 79
2001S0030/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to uniform election dates.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 41.001, Election Code, is amended by
1-4 amending Subsections (a) and (b) and adding Subsection (e) to read
1-5 as follows:
1-6 (a) Except as otherwise provided by this subchapter, each
1-7 general or special election in this state shall be held on one of
1-8 the following dates:
1-9 (1) the first [third] Saturday in February [January];
1-10 (2) the first Saturday in May;
1-11 (3) the first [second] Saturday in September [August];
1-12 or
1-13 (4) the first Tuesday after the first Monday in
1-14 November.
1-15 (b) Subsection (a) does not apply to:
1-16 (1) a runoff election;
1-17 (2) [a local option election held under the Alcoholic
1-18 Beverage Code;]
1-19 [(3) an election for the issuance or assumption of
1-20 bonds or the levy of a tax for the maintenance of a public school
1-21 or college, if the governing body of the political subdivision
1-22 issuing or assuming the bonds or levying the tax, by resolution,
1-23 order, or ordinance, finds that holding the election on a date
1-24 other than a uniform election date is in the public interest, which
1-25 finding is conclusive and incontestable;]
2-1 [(4)] an election to resolve a tie vote;
2-2 (3) [(5)] an election held under an order of a court
2-3 or other tribunal;
2-4 (4) [(6)] an emergency election ordered under Section
2-5 41.0011;
2-6 (5) [(7)] an expedited election to fill a vacancy in
2-7 the legislature held under Section 203.013; or
2-8 (6) [(8) an election held by a political subdivision
2-9 using the convention method of election;]
2-10 [(9)] an election held under a statute that expressly
2-11 provides that the requirement of Subsection (a) does not apply to
2-12 the election[; or]
2-13 [(10) an election to recall an officer of a political
2-14 subdivision].
2-15 (e) An election for an office in which a majority vote is
2-16 required may not be held on the September or February uniform
2-17 election date.
2-18 SECTION 2. Subsection (b), Section 41.253, Education Code,
2-19 is amended to read as follows:
2-20 (b) The transitional board of trustees shall divide the
2-21 consolidated district into nine single-member trustee districts in
2-22 accordance with the procedures provided by Section 11.052. The
2-23 transitional board shall order an election for the initial board of
2-24 trustees to be held on the first February [January] uniform
2-25 election date after the effective date of a consolidation order.
2-26 SECTION 3. Subsection (b), Section 49.103, Water Code, is
3-1 amended to read as follows:
3-2 (b) An election shall be held on the uniform election date,
3-3 established by the Election Code, in either February [January] or
3-4 May of each even-numbered year to elect the appropriate number of
3-5 directors.
3-6 SECTION 4. Subsection (a), Section 56.804, Water Code, as
3-7 added by Chapter 222, Acts of the 76th Legislature, Regular
3-8 Session, 1999, is amended to read as follows:
3-9 (a) The election shall be held on a uniform election day in
3-10 February [January] or May.
3-11 SECTION 5. (a) An election that is held on the August
3-12 uniform election date in 2001 is subject to the prior law governing
3-13 that election, and the prior law is continued in effect for that
3-14 purpose.
3-15 (b) Section 41.006, Election Code, applies to a change in
3-16 election dates made in accordance with this Act.
3-17 (c) An election that is ordered before the effective date of
3-18 this Act and that is described by Subdivision (2), (3), (8), or
3-19 (10), Subsection (b), Section 41.001, Election Code, as it existed
3-20 immediately before the effective date of this Act, is subject to
3-21 that prior law, and the prior law is continued in effect for that
3-22 purpose.
3-23 SECTION 6. This Act takes effect September 1, 2001.